The Delhi High Court on Monday sought to know from the State of Jammu and Kashmir if its High Court judges take oath owing allegiance to the Indian Constitution.
A Bench headed by Chief Justice G. Rohini said so during a hearing on the issue of maintainability of a PIL challenging the validity of the Constitution Order 1954, which adds a proviso to Article 368 (power of Parliament to amend the Constitution and procedure therefor), saying “no such amendment shall have effect in relation to the State of Jammu And Kashmir unless applied by order of the President under clause (1) of Article 370”.
The Bench asked the petitioner as to why does he not move theJammu and Kashmir High Court with his petition.
The petitioner said the Jammu and Kashmir High Court judges do not “appear to” be taking oath owing allegiance to the Constitution.
Section 97
J&K standing counsel Sunil Fernandes said the State High Court judges take oath under Section 97 of the J&K Constitution. Under the Schedule V of the J &K Constitution, the judges take oath of allegiance to the Constitution of the State and to uphold the sovereignty and integrity of India.
The petition claims that Constitution Order 1954 to the extent that it adds the proviso to Article 368 is an encroachment on the power of Parliament.
The matter will now be heard in February.
